clarifying research showing myths about the bermuda triangle. david tweeted, i believe it's real. i grew up in miami, the bizarre stories were continuous. thanks, david. >> on gretchen live in d.c., now to shep live in new york. >> the story now of a u.s. citizen overseas, who is reportedly right now plotting to kill other americans. and the white house apparently considering whether to try to kill him with a drone strike. would that be legal? iran makes a new threat for the united states and israel. and are the iranians really sending war ships our way? what does the pentagon make of that? let's get to it. >> first from fox at 3:00 in new york, convicted would-be spy is about to learn his sentence, one that could put him behind bars for decades. this is not your typical

espionage case. far from it. this one involves a craigslist personal ad. a beautiful undercover agent and a lonely divorced father, man so obsessed with women his license plate brags about his abilities in bed. his name is robert hoffman. he used to analyze intelligence communications for the u.s. navy. his troubles started when he posted the permanent ad on craigslist. it led him to a meeting of a woman he knew only as olga, but she was really an fbi agent. hoffman wrote in his diary about olga's beauty and her body, things we won't mention in detail. wasn't long before olga convinced hoffman to turn over american secrets, which prosecutors say would have put the united states in great danger. but one day out of nowhere, the guy hoffman turned up at an fbi office to confess. he said he wanted the feds to track down his russian handlers. fbi agents played along, didn't tell them they knew what he was

up to and his russian handlers were fbi agents. a week later hoffman e-mailed the handler a message, the power is out. the feds chasted hoffman, charged hip with attempted epps nudge, even those a local report says he is less like james bond and more like the bumbling mr. bean. lea is in the newsroom downstairs. he -- lea was a fighter pilot. we're expecting him to speak. >> the sentencing hearing is going on right now and we could find out the results at any moment. prosecutors are seeking to put hoffman in jail for 30 years, but hoffman's lawyers are asking for just half of that. the never really dealt with real russian spies, only the fib agents who approached him. i spoke with a federal prosecutor who says the details

may sound like entrapment but it's not if the government can demonstrate person had a predisposition to commit espionage. >> it does appear as though the fbi kind of targeted him, but at the same time, not knowing internal specifics of their investigation, i would imagine that they had some indication that this was somebody who might be inclined to be involved in some type of espionage or attempted espionage. >> prosecutors said it was clear that hoffman intended to give secret information to a foreign government. >> how closely does this whole thing mirror real espionage. >> a foreign intelligence service would look for someone with access to classified information and then split his vulnerables, like in this case using attractive women. hoffman handed over the classified information, according to documents. >> this sound like it was operational information about how the u.s. navy submarine

fleet works, and if it's deployment grids and communications protocols, that can be very damaging, and even if it's information that they, the average person has at one level or another, it confirms that information. >> we're keeping a close eye on the sentencing hearing and well lit you know of any updates. >> thank you very much. the obama administration is divided over whether to use a drone strike to kill an american citizen, member of al qaeda, who is said to be planning attacks against the united states citizens overseas. according to a report from the "associated press." this report cites four anonymous u.s. officials who say the terror suspect is in a country that bans u.s. military action within its borders. in 2011 the white house killed the american al qaeda leader with a drone strike inemmen. critics blasted the obama administration for killing an american without due process. the feds said aulaqi was

plotting to kill americans and there was in way to capture him. president obama as issued now guidelines for drone strikes. the white house refueled to comment but the press secretary jay carney referenced the president's new guideline. >> of particular naught before we take any counterterrorism strike, there must be near certainty that no civilians will be killed or injured. the highest standard we can set. >> he also noted the president has said american terror suspects overseas should not use their citizenship as a shield. u.s. officials have not pushed back on an ap report, and they confirm that the feds are keeping an eye on whoever this particular american is. john bussey is at the wall street journal. a tough position to be in. >> it's tricky and reflects the fact the public is split. it wants the government to go after suspects overseas, people plotting against the u.s. what if it is a u.s. citizen and has not been due process in?

the president said we want to transfer authority to the military. the mail tear is restricted from acting in this country because the country does not welcome u.s. military action, and the president can under the shield of the military declare the person an enemy combatant. that would make it easier for the pentagon to take action. but the president at the end of the day can still, if he wishes, have a one-of policy, saying the circumstances around this one are ambiguous enough in terms of how to use u.s. authority that he is going to use the cia. >> critics would probably say, you're on a slippery slope here, when the united states government can go out and kill a united states citizen. granted, these are very difficult situations, bad circumstances, but there would be those who would be concerned. >> very much sew. and that's why the new policy. they don't want to be subject to that kind of criticism, which there's some logic. who is going decide who gets killed overseas. in the case of al aulaqi, the

government built a case against him. in this case this person is not completed yet. the president has to decide. the military can't do this one if the country won't allow it. this person has already been determined to meet the other standard that the administration has set for killing a u.s. citizen abroad, that is a sustained threat to american people, and this person is in fact planning an attack on americans. >> over time we'll find out who this person is, where they and are get more details um you wonder why something like this would leak. i know the white house wants resolution on the matter. >> it's a very interesting store by the ap. their intelligence reporter. perhaps this is a way of showing the public that these are really difficult decisions that have to be made, and there isn't a black and white. in the case of restricting it so that there is no collateral damage, civilians being killed,

that would you do? if a u.s. citizen who is plotting against other u.s. citizens takes advantage of that and plants him or herself right in the middle of a civilian population and knows he is there for protection against american strikes, that would you do? >> thank you, sir. >> that groundhog wasn't kidding. more serious winter weather is on the way, and some is causing havoc on both sides of the united states right now, including a storm that could once again paralyze one of the nation's biggest cities. old man winter is here for a while. we'll show you where and when he is hitting next. legs up! legs up? gs up! legs up! legs up! verizon has free tablets and ee phones. get here anyway you can. good job! free tablets. free phones. on the best network. only at verizon. get tablets like the verizon ellipsis 7 free. and when you trade in your old smartphone, you can get the samsung galaxy s4 free.

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>> lots of people cleaning up after heavy rain caused a huge mess in northern california. really bad weather this weekend. downed trees and power lines, caused flooding in parts of sonoma county. forecasters say the area got more than eight inches of rain and that caused a river to break its banks. folks say the weather has been wet. and they're welcoming it, because they have the horrible drought, but this is tough. >> see the rocks, see the dirt. nothing in this. >> triggered mudslides and washed away part of the road in that area. alex savage is a reporter from fox 2 news, our station in san francisco, and is live just north of the city in san an sell

mow. how is it going? >> well, shep, good afternoon. many of the creeks that flow through this area are swelled this afternoon, felled with water. just a few days ago many of these creeks had a trickle and now quite a bit of water. this is a creek where we are. but as much as people want all of this water, it was a lot of rain that fell in just a short amount of time. some spots here got more than a foot of rain just this past weekend, some close to 20 inches. that triggered a lot of street flooding. businesses and homes were flooded. people were using the sandbags this weekend to try to protect their places of business and their homes as well. there was also a mudslide that happened in one area. 60-foot slide that wiped out part of a road. and it sent a wall of mud crashing down into a backyard and took out someone's studio, and that was in nearby mill valley here in marin county. i did check in with the

representative here from marin county this afternoon. some of their public works folks. they're telling me, aside from the mudslides and street flooding, which has subsided, no major problems here this afternoon, and most people we're talking to say they love the rain, they want more of it, and more of it potentially coming later this week. >> they need it. alex savage from san francisco, fox 2 news for the bay area. i one big rainstorm in one day does not a drought cure, does it? >> no, not at all. a lot of these areas we're dealing with the potential of -- what they should see is 18 to 36 inches of rainfall all along the coast, from seattle down to l.a., and in some cases over a foot and a half. so, again, some areas got isolated amounts of five to eight inches, others not so much. especially southern california. they didn't see the moisture they really need to put a dent in the drought. and taking a look at the satellite radar imagery, the worst of the storm this round for the northwest, where they'll

see some heavy rain as well as some snow pack for the cascades and the intermountain west coast, we need that rain along the california coastline, inland and southern california. >> 500 year drought. on the east coast, folks in atlanta are bracing for another big winter storm. less than two weeks after a rare rainfall -- snowfall just two inches crippled the city. look at the ribbon on the news deck. you can see lots of trouble. thousands of drivers were stuck for hours. even overnight on icy highways in the atlanta area. many people abandoned their cars. some slept on the floors of supermarkets and gas stations. it was awful. lots of kids spent the night at schools. this time around local officials are deploying plows and salt trucks and urging people to stay off the roads. hough bad will this be? >> this one of will be worse so they need to learn their lesson from the last one. the setup is morer

accumulating ice in and around the georgia area, towards the carolinas. enough cold air in place so we'll be on the cusp of atlanta but we think accumulating ice into wednesday, a couple of rounds here, first round here, tuesday. tuesday afternoon. moves into the georgia area. towards the carolinas and then a second wave on wednesday, which is worse, where we could see half an inch of ice on the roads, on the powerlines. that's going to be crippling if the forecast comes true, and then up towards the carolinas and interior sections will get snow events, six to 12 inches not out of the question. real quick. this storm system could give us a blockbuster nor'easter wednesday into thursday for all of the big cities. stay tuned. we'll refine the forecast but this has the potential. >> could be a foot. >> it could. this time tomorrow i'll have a good handle on it. >> that will be eight feet for

this year. seems like it, anyway good see you. i snows every other day now. a new rule. >> bankers often have to tell customers their accounts are overdrop or homes are in foreclosure. then there's a one bank that had the unpleasant task of informing a couple offer, you're dead. she was unaware. when cops said justin bieber was speeding, it seems they're not kidding. new documents show the biebs was going more than double the speed limit of most major highways and he wasn't on a highway. the coconut maine tail in new lober in paradise -- amazing! [ male announcer ] don't miss red lobster's lobsteest! with the year's largest selection of lobster entrees, you won't find choices like these anywhere else. my favorite is lobster lover's dream! the dueling lobster ils are both winners. [ male announcer ] two maine lobster tails, one crb-stuffed, anone topped with savory garlic shrimp. nobody does lobster like red lobster.

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this video came in -- not tape anymore -- this was during the commercial break, couple minutes ago, the french president hollande has come over to hang out with president obama

here. it's kind of weird times for him. france had a first lady who wasn't his wife. and then sounds like -- actually looks like they caught him cheating, and she dumped him, and now he is a solo. they were going to have a big state dinner, which they'll have, but usually the president and first lady would sit next to the president and first lady of the visiting guy, but the doesn't have a first lady. it's a mess. the two of these guys are going to monticello, the plantation of thomas jefferson, he inherited land from his father, building monticello, and now francois holeland will be there, and it's all weird, and kennedy from the independence on the fox business network, used to be on that video network. she will be here.

>> ontariooff monday football star michael sam could make history as the first openly gay player in the nfl. if you haven't third this in an interview with epps epithet aired last night, sam came out to the entire world. says he told his teammates and coaches in august and they supported him. the ad he wants the team that drafts him to know who he is on and off the field. >> this is something that i know for a while, but this is to me just telling another person that, i'm gay, and it shouldn't be a brig -- big problem. >> the nfl issued a statement,lights of support for him. the zoo -- mizzou put out indications, vice-president biden, the first lady tweeted. the background here. michael sam was the first-team all american this season at mizzou and he is bad.

let me tell you. a defensive player of the year in the southeastern conference. the nation's top conference, obviously. when the draft rolls around in may, the analysts have been saying heed likely good in the mid-round. this is their cot top bowl -- cotton bowl win. michael sam, out and gay and ready to go to the nfl. a whole new world. >> you go to your bank, apply for a new credit card and your bank says, no, you can't have a new credit card because you're not qualified. because we're sorry, you're dead. a woman in st. louis says exactly that happened to her and she has now filed a federal lawsuit against the bank. an attorney tells the st. louis post dispatch that the woman reached out to both her bank and the credit bureau there multiple times saying, i'm not dead. i'm still over here breathing. i eat, sleep at night. i'm well alive. i'm not deceased. they didn't get it. according to the lawsuit north only did her bank deny her a new

credit card it also denied her from refinancing her mortgage. dead people can't refinances, and shin the bank says she is dead, she is dead. that's it. we reached out to the bank and he can we fax -- he can we equifax. we are unable to comment further because of ongoing litigation. she i allied, though, shane is a financial consultant. this is weird. you can tell when somebody is a live, the whole pulse and speaking thing. >> it's interesting how they're going to handle this. hope it's an isolate situation here for the bank. >> you hoch it. >> i hope it is. or they're going to need a p.r. team the size of fox to straighten things out. >> need something because this woman, i guess her parents are getting up there in age, and she

wanted to put her parents' name on the bank account to give them some peace of mind, and he goes to the bank and learned she was dead. apparently you can't just say, not dead. that's not enough. i don't know what would be enough. >> well, it's going to be interesting how these guys step up to the plate, because the bank -- i'd like to be devils a advocate here. when you have regulations in the bank, there's so many different layers so much red tape, one person goes to another person, but over the last 12 months this lady says she called a couple times, went in person, and -- >> she did. >> she basically said, i'm well alive. and that is a problem for the bank. it's going to be a p.r. nightmare. as far as legal, going to be emotional distress, i assume lawyers will get involved. as far as credit, you and i both know, if you can't lower your house payments in this type of economy where things are slow, it makes is difficult.

look at credit cards right now. she had a problem with a mortgage. i think the bank should get out ahead of this and really basically make sure that she -- they make her whole. >> i'm surprised they haven't. when this starts ending up on television, the undead dead, you would think they would go we can pretty well confirm she is not dead. i wonder why it isn't that simple. maybe because the bank is so big they can't run themselves anymore. >> i worked at a very large institution and i remember you would have to talk to the area manager, then the regional manager, and then the vice-president, and the other vice-president. it just too much out there. when you get a serious issue where the lady is calling you up saying i'm trying to refinances my house, get a credit card. i believe she worked in the fortunately service industry. when chev says things like that and the bank doesn't step up to the plate, you wonder where they're at. >> heartland bank of st. louis is the bank in question. maybe they'll step up.

the evidence is piling up against the biebs in that egging incident. according to tmz, source of all knowledge, surveillance video from the pop just i justin bieb's crib shows bieber near the area where the egging happened. you do not actually see him throwing the eggs but he is there. a neighbor accused him of chucking eggs over a fence and causing $20,000 in damage so it's a felony. we're waiting to find out if the prosecutors will file felony vandalism charges. that's one of a few legal issues for justin bieber. gps information shows the pop star clocked speeds of 136 miles-per-hour in his rented lamborghini before cops busted him for driving under the influence, resisting arrest, driving with expired license. he has pleaded not guilty. his trial for that is set for march 3rd. i'd go through the rest of the stuff he is in the midful of but

a they would take an hour. >> investigators say drunk driving cause one of two deadly crashes. wrong-way crashes. killed 11 people. among the victims an entire family of four. the details are ahead. a new iranian propaganda video simulates a drone strike on an american aircraft carrier. this as we get word of an iranian long-range missile test. what are they doing? that's next. 24/7. i'm sorry, i'm just really reluctant to try new things. really? what's wrong with trying new things? look! mommy's new vacuum! (cat screech) you feel that in your muscles? i do... drink water. it's a long story. well, not having branches let's us give you great rates and service. i'd like that. a new way to bank. a better way to save. ally bank. your money needs an ally.

♪ see what's new at projectluna.com still runnng in the morning? yeah. getting your vegebles every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories. fox report now. more headlines from the fox news deck. an ambulance slammed into a school bus carrying more than a dozen children last night in brooklyn. officials say the bus driver and two 0 emergency workers suffered serious injuries but up in of the kids badly hurt. the fear chief says the snowy weather may have been a factor. >> guy lit a cigarette in his garage and the whole place exploded. in southeastern innings phoenix.

investigators are blaming fumes from paint thinners and oil rags in the garage. the man is in the hospital serious burns on his body, and the facebook founder, mark zuckerberg and his wife, the most generous americans last year. they gave silicon valley charities 18 million shares of facebook stock worth nearly $1 billion. wow. more from the fox news deck.

>> the government of iran reported in the last hour it has successfully test-fired two missiles. this comes after iran threatened merciless revenge against israel and the united states if either country attacks iran's nuclear program. the media aired a so-called documentary, just a propaganda i'm told -- simulating a drone strike on an american aircraft carrier.

♪ >> the animation also showed iranian attacks on sites in israel. the video as iran cranks up new text with the west. military officials say the country is sending warships toward u.s. waters to send a message. lee land -- leland has the news. >> there's clearly a lot of messages the iranians want to send. this latest video coming out of tehran could barely pass for a very bad high school computer animation project, but the message inside is clear. if you attack us, we will attack you. a simulation attack on the airport in tel aviv, the israeli defense industry, one of the nuclear reactors here in israel and this whole animation shows you where the iranian military is in terms of the real

hardliners. including a message from the ayatollah, the supreme leader in iran, what he thinks should happen to israel and the united states. a simulated attack on a u.s. aircraft carrier, and also inside this video it has attacks on u.s. bases. the question is, is this what the iranians want to do or can do militarily? >> leland, thank you. >> here at home, 11 people have tied after a couple of car crashes over the weekend in which the drivers were apparently going the wrong way. the first in tampa where investigators say an suv collided head on with a sedan, yesterday morning, on i-275. the trophy of the suv died. so did four fraternity brothers inside the other car. yesterday morning, officials say a woman was driving drunk when she sped the wrong way on a southern california freeway and slammed right into an suv there. they say the crash killed six

people, including a family of four. this was in diamonds bar, 30 miles east of los angeles. one officer called the scene horrific. three people were thrown from their cars and crews had to pull the woman from her camaro, which was barely recognize able. witnesses say she was doing 100. she is facing charges including manslaughter and driving under the influence. we have more. what more do we know? >> reporter: right now authorities are investigating more into both of these crashes. we can tell you've is that here in california, authorities like you said, do believe the driver who was driving the wrong way, had been drinking and driving right before she ran into the family that was driving in a red explorer, they say they have evidence that she had been drinking. she actually somehow survived the crash and is currentfully critical condition. in florida we have a video of the wrong-way driver seconds before that fatal crash that killed five people, including

the driver. cell phone video, and in the cell phone video you can see an expedition driving on the wrong side of the interstate and oncoming drives are doing everything they can to avoid the suv as it barreled down the interstate. >> what is wrong with him? what is he doing? is he drunk? is he -- what's wrong with him? >> moments later that car crashed into the car with the four fraternity brothers, killing five, and there was another wrong-way contractor in phoenix that killed the driver. >> hearing a lot about these going the wrong way crashes, will. >> that's right, shep. and the ntsb had a study within the last year that said that roughly every year about 360 people die in these crashes. they say that the majority of the drivers who were driving the wrong way, normally are drunk and that most of these crashes actually happen at night and on weekends, just like we saw in california, florida, and

overnight in arizona. >> thank you, will. fox urgent now. a sentencing hearing getting underway right now for a man involved in a murder of border patrol agent brian terry. he died in a shootout in 2010. his death revealing a gun sting known as "fast & furious." it was supposed to fall guns from the u.s. to mexico and the fed did not track some of the weapons and investigators say bandits left two of them at the scene in the shootout in which agent terry was killed. william? >> reporter: no one could have conceived at the time of terry's death how these dominoes would fall. the exposure of "fast & furious." the resignation of top officials in washington, and, of course, the contempt charge and finding against attorney general eric hold are for with holding documents. right now behind me at the federal courthouse in tucson, a

37-year-old man man is pleading guilty to murder. he will receive a 30 year sentence. he faced life bud hat a plea deal where he agreed testify against others in his gang. in just a few minutes the terry family will confront him in court and hear is what they'll tell the judge. >> i want to let him know that he took my son, who was a dedicated american, who fought for his country. >> you know what? i need to speak. they need to mow who they took from us. and all his brothers in law enforcement. >> yesterday terry's mother and two sisters visited a monument where brian died in this firefight. and while ballistics were inconclusive, the fbi said the bullet that tide come from the assault rifle like the two that were found at the scene, one belongs to the defendant some both were traced by serial numbers to operation "fast & furious" which allowed some

2,000 weapons to be sold and illegally funneled to a mexican drug cartel. the family is suing the federal government, saying it could have foreseen by sending these guns south, innocent people would die. the gun dealer is also suing the federal government, so basically right now, sometime in the next 45 minutes, we expect to find out exactly what he is sentenced to and the family will come out and speak to cameras then. >> thanks. the president of france got a lot of notice for having too many women in his life. now he apparently does not have a date for the state dinner white house tomorrow night. kennedy will be here to talk about all thing francois hole holeland. >> a zoo killed a healthy giraffe and fed it to the lions after inviting visitor check it out. skinned it and fed it to the lions. a lot of people mad at the zoo. the zoo workers defending the move.

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>> the white house says it will honor french president hoeland -- hollande at the white house. the white house quietly destroyed hundreds of engraved invitations to the dinner because this isn't a thing anymore. they included reference to president hole -- president's former partner. he had a secret affair with a movie, a decrees. neither the president or the actress has denied the affair. but it's not the first time there was potential drama at a state dinner. who can forget these people.

the party crashers were able to slip through two secret service check points and get their pictures next to the president and vice-president. and here they are with the vice-president. they were having a great time. they insisted they were not gate crashers but ended up there through a series of misunderstandings. kennedy? i don't know. it's a private thing. the french seem to be cool with it but it's awkward. >> gossip magazines and newspapers have covered it in this country, and women who consume that kind of material feel bad for the former first lady. they see her as being jilted for the younger, successful woman, and runs a dagger through your heart, if you have any empathy at all. >> they have pictures,

tabloidses got a picture of him seeing his mistress and put it on the papers and that was that. >> croissant and the scooters, so french. i do not hate on the french. however, the president is not the president -- the president of france is not speaking before a joint congress because john boehner put the kibosh on that. >> what's the become story there any. >> normally when a great ally comes to this country, they are able to stand up and front of congress and give a formal joint address. that's not happening but they're having the fancy state dinner and i can't wait to see which reality stars show up. >> i remember when we were calling them freedom fries. i wouldn't have -- he kind of needs this now. he has been playing -- making nice with the united states, kind of going along with the program. this is like a bonus. >> he was the only one standing

up saying, yeah, let's go into syria, a great idea. and great britain was, no, too much blood, to many lives, too much money, and the united states shut down our president and hollande. >> he has problems. >> he is a socialist, which, from my point of view, that's the kind of socialist you want. you don't want one who is not affect because you have chairman mao. >> they make the argue. they may never get their unemployment down. they've been double digit unemployment for several years. >> make you should do something about your economy and tax rate and instead of pushing millionaires another of the country. >> they make great coffee. i haven't been there in a long time. >> i went for my honeymoon. >> how are the kids? >> they're good. >> 9:00 eastern tonight, fox

business net work. >> the month of february, getting belter and better. >> we'll see you tonight at 9:00. >> that's right. thank you. >> lions eat giraffes. not a question, a fact, it happens in the wild all the time. but apparently when the lions eat the giraffe in the zoo, it poses some problems. danish suekeepers have been catching flak for killing a giraffe and feeding it to the lions, first skinning and it then feeding it in front of people. the zoo deemed said giraffe a surplus, and they said they killed it in part to fight inbreeding. but a british zoo offered to take the giraffe and give it a home but day said no. we have a picture of the giraffe. they thought this was a great idea, i'm told, to invite the kids over and skip the giraffe -- skin the giraffe and

see if the lions thought it was delicious. >> this is a picture when it was alive. we're told it was two years -- >> doesn't look like that anymore. >> this is after the fact. you can see there are kids around, and they're conflicting reports whether the zookeepers shot it with a shot gun or used a stun gun. >> i have questions about parents of if you have an invitation, please come for the killing and consuming of the giraffe. would you bring the children? if you do, is it the zoo's fault or parents' fault? >> a good question. >> i think there's blame to go around. >> kennedy has eaten giraffe. >> why die have to be the bad guy? i'm the michael vick in this story. >> doesn't taste like chicken. >> does not. the brain scrambles when you eat something unusual of that nature. is it a horse kind offing? a cow kind of thing? no. >> did they -- how was it

prepared? >> it was grilled. >> grilled. >> yes. >> what did they serve as a side. >> they served some sort of bean sauce that i don't trust it wasn't an animal bodily fluid. so i didn't. >> if on the spot and required to say giraffe tastes like, fill in the blank -- >> wildebeest. >> lil' has some tweets. grant says, does anyone expect the lions not to eat meat? besides that humans did the killing, lions are not as nice. >> lions are messy with the killing. >> what else. >> so hell bent on inbreeding wouldn't have worked moving it. >> giraffes are not an endangered animals. they could have skinned it. >> there are some pictures you can tell it's a giraffe. >> i heard the skin is

delicious. >> and outrageous, skinning that people hat their children there to witness it. >> i wondered about that. mommy thought kids need to see that. >> they watch national geo graphic stuff in school. it happens, but when it's a giraffe it's a little -- not as normal. >> has that long neck and stuff. >> it was just really cute. >> well, until they're eaten they're cute. thank you. here in new york a starbucks on every corner. you cannot escape it. now it looks like the chain may have met its match, a new story has opened. and we did not photo shop this picture. it's an annual sign. details on dumb starbucks next. hey mom. yeah? we've got allstate, right? uh-huh.

yes! well, i found this new thing called... [ dennis' voice ] allstate quickfoto claim. [ normal voice ] it's an app. you understand that? just take photos of the damage with your phone and upload them to allstate. really? so you get [dennis' voice] a quicker estimate, quicker payment, [normal voice] quicker back to normal. i just did it. but maybe you can find an app that will help you explain this to your...father. [ vehicle approaches ] [ dennis ] introducing quickfoto claim. just another way allstate is changing car insurance for good.

breaking news. the sentence handed down in the attempted espionage trial. robert hoffman is getting 30 years in prison. we reported on this story earlier. hoffman thought he was spying for russia but was talking with an fbi agent. he met a woman an craigslist known as ol' good, who was from the fbi. it wasn't long before olga convinced hoffman to turn over american secrets which prosecutors say would have. been dangerous. >> sentencing day today. he spent much of his 0-year navy career on submarines, now is sensed to go away for 20 years. >> a coffee chain notorious for suing imitators may have met its

match. dumb starbucks say they're protected and the real starbucks can't do a thing about it. dumb starbucks opened in los angeles, appropriately, poking fun at the culture surrounding the chain. at the counter customers can buy dumb venti, anything you can get in starbucks with the word "dumb" in front of it. people have been waiting in long lines to try the dumb products. trace gal -- gallagher is over here. we have met. what is it here? dumb shep to dumb trace. hello? >> dumb starbucks, by the way, is fully acknowledging it's stealing starbucks brand for marketing purposes but this is not a fully functioning coffee shop. it is a coffee shop doubling as an art gallery, and the coffee, they give it away for free but the people are outside and they're waiting in line and

fascinated. listen. >> got a lot of traction in the media, so we'll see what goes, what happens. >> by the way, starbucks is mildly mused saying, we're evaluating next steps and while we appreciate the humor, they cannot use our name, which is a protected trademark. starbucks has a lot of lawyers. >> if bet they do and give away free coffee. well'll be back. ♪

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the horrible news came over the weekend. can't get flappy bird anymore. it's rough. you know this game? i'm playing it here. this is one of the nice analysts on the staff. anyway, the guy who invented the app was making -- that's it -- was making $50,000 a day on the thing, and he said suddenly on saturday he couldn't take it anymore and is taking it down. even accused of ripping off

somebody else but they never filed charges. if you want flappy bird, you better already have it. candy crush, here we come. i'm sorry about flappy bird. why? i can't get it straight. >> justice served? you're looking live at a federal courthouse in tucson, arizona, where a man is facing a 30 year prison sentence. it all stems from the death of border patrol agent brian terry more than three years ago. welcome everybody, i'm neil cavuto. from a shootout involving guns from from a botched federal program known as "fast & furious" to today, an operation that allows a second gun smuggler to purchase weapons in the hopes of tracking them to mexican drug cartels. sounded good on paper in reality anything but. out of the 2,000 guns purchased, officials ended up losing track of more than 1400